Question 1

What to Do If Someone Hits Me and Flees the Scene of a Car Accident in Toronto?

Accepted Answer

If you're in a car accident in Toronto and the other party flees, stay calm and act quickly. Ensure everyone's safety and move to a safe location. Call the police and detail the fleeing vehicle. Gather witness information and document the scene with photos. Get the police report and notify your insurance company for assistance with claims and uninsured motorist coverage. Consulting a car accident lawyer can help manage your claim and ensure fair compensation.

Question 2

Do I Have to Report My Car Accident in Toronto?

Accepted Answer

In Toronto, you must report a car accident under certain conditions. According to the Ontario Highway Traffic Act, report to the police if there are injuries or property damage over $2,000. Notify your insurance company promptly to facilitate claims and support. Document key details like time, location, and circumstances for police and insurance reports.

Question 3

Should I consult a lawyer for my car accident claim?

Accepted Answer

It is highly recommended to consult with an experienced car accident lawyer in Ontario. They offer valuable insights, help you understand your rights, and ensure you pursue the maximum compensation possible for your specific case.

Question 4

Should I seek medical attention after a car accident even if I am not injured?

Accepted Answer

Yes, it's advisable to seek medical attention after a car accident, even without immediate injuries, as symptoms can appear later. A medical exam documents your health status, crucial for insurance or legal proceedings. Prioritizing your well-being ensures underlying issues are identified and treated promptly.

Question 5

How much can someone sue for a car accident in Ontario?

Accepted Answer

The amount you can sue for in a car accident varies based on numerous factors, including the severity of your injuries, the impact on your daily life, and any resultant economic losses. Compensation can cover medical expenses, lost income, pain and suffering, and other damages.

Question 6

What is Surveillance in Long-Term Disability Insurance?

Accepted Answer

Surveillance in the context of Long-Term Disability (LTD) insurance refers to the practice where insurance companies may conduct covert monitoring and observation of claimants to investigate the validity of their disability claims. This surveillance is typically carried out by professional investigators who gather visual evidence, such as photographs or videos, to assess the claimant's activities and functional limitations. Here are key points to understand about surveillance in LTD insurance:Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.Activities Monitored: Surveillance may involve monitoring various aspects of a claimant's daily life, including physical movements, interactions with others, engagement in recreational activities, and participation in events that could indicate the level of disability.Covert Nature: Surveillance is typically conducted covertly, meaning that the claimant is not aware that they are being monitored. This approach aims to capture the claimant's behavior and activities in their natural state without influencing their actions.Legal Compliance: Surveillance activities must comply with legal regulations and privacy laws to ensure that the rights of the claimant are respected. Investigators must adhere to ethical standards and obtain evidence lawfully.Impact on Claims: The results of surveillance can influence the outcome of an LTD claim. If the surveillance footage contradicts the claimant's reported limitations or suggests misrepresentation of disability, the insurance company may use this information to deny or terminate benefits.Frequency: Surveillance is not conducted continuously for all claimants but is often employed selectively based on specific factors, red flags, or suspicions raised during the claims process.Balancing Privacy and Investigation: While surveillance is a legitimate tool for insurance companies to verify claims, it raises concerns about privacy invasion and the potential misinterpretation of normal activities as evidence of fraud. Claimants have the right to challenge surveillance findings if they believe their disability status has been misrepresented.Understanding the role of surveillance in LTD insurance can help claimants navigate the claims process effectively, ensure transparency in their interactions with the insurance company, and seek legal advice if they have concerns about the handling of surveillance activities in relation to their disability claim.

Question 7

How Much Money Can I Get From My Long-Term Disability Benefits?

Accepted Answer

The amount of money you can receive from Long-Term Disability (LTD) benefits in Ontario is influenced by various factors, including the terms of your specific LTD policy, your pre-disability earnings, and the duration of your disability. Here are key points to consider regarding LTD benefits in Ontario:Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.Maximum Benefit Amount: Most LTD policies have a maximum monthly benefit amount, which caps the total benefits you can receive each month. This maximum amount is determined by the terms of your policy.Duration of Benefits: The duration for which you can receive LTD benefits varies and is specified in your policy. Some policies provide benefits until retirement age, while others have a limited benefit period (e.g., two years, five years).Integration with Other Benefits: LTD benefits may be integrated with other disability benefits you receive, such as Canada Pension Plan Disability (CPP-D) benefits or workplace pensions. The total amount you receive from all sources may be subject to offsets or reductions.Tax Considerations: LTD benefits in Ontario are generally considered taxable income. However, if you paid the premiums for the LTD policy with after-tax dollars, a portion of the benefits may be tax-free.Cost-of-Living Adjustments: Some LTD policies include cost-of-living adjustments to account for inflation, ensuring that the purchasing power of your benefits is maintained over time.Return-to-Work Provisions: Many LTD policies include provisions for partial disability benefits if you can return to work on a part-time basis or in a reduced capacity. These provisions may affect the amount of benefits you receive.To determine the specific amount of money you can receive from LTD benefits in Ontario, it is essential to review your LTD policy documents, understand the terms and conditions of the policy, and consult with the insurance provider or a legal expert specializing in disability insurance claims. They can provide detailed information on benefit calculations, limitations, and any additional factors affecting the amount of LTD benefits you are eligible to receive.

Question 8

Why Do Insurance Companies Deny LTD Claims?

Accepted Answer

Insurance companies may deny Long-Term Disability (LTD) claims for various reasons, some of which are legitimate while others may involve errors, misinterpretations, or disputes. Here are common reasons why insurance companies deny LTD claims:Insufficient Medical Evidence: If the medical documentation provided does not sufficiently support the severity or duration of the disability, the insurance company may deny the claim due to a lack of evidence.Pre-Existing Conditions: Some policies exclude coverage for pre-existing conditions or conditions that existed before the policy came into effect. If the disability is deemed to be related to a pre-existing condition, the claim may be denied.Policy Exclusions: Certain policies have specific exclusions for certain types of disabilities, treatments, or conditions. If the disability falls under an exclusion listed in the policy, the claim may be denied.Failure to Meet Criteria: Insurance policies often have specific criteria that must be met to qualify for LTD benefits. If the claimant does not meet these criteria, such as the definition of disability or waiting period requirements, the claim may be denied.Incomplete Documentation: If the required documentation, forms, or information are incomplete, missing, or not submitted within the specified timeframe, the insurance company may deny the claim due to insufficient information.Discrepancies in Information: Inconsistencies between the claimant's statements, medical records, and other documentation can raise red flags and lead to the denial of the claim.Failure to Follow Treatment Plans: If the claimant does not follow prescribed treatment plans, attend medical appointments, or comply with rehabilitation efforts, the insurance company may deny the claim on the basis of non-compliance.Occupational Duties: If the disability does not prevent the claimant from performing the essential duties of their occupation as defined in the policy, the claim may be denied.Surveillance Results: Insurance companies may conduct surveillance to investigate the validity of a claim. If the surveillance results suggest that the claimant's reported limitations are inconsistent with their activities, the claim may be denied.Fraud or Misrepresentation: If the insurance company suspects fraud, misrepresentation of facts, or intentional withholding of information by the claimant, the claim may be denied.Understanding these reasons for denial can help claimants navigate the LTD claims process more effectively, address any issues proactively, and seek recourse if they believe the denial is unjustified. It's advisable to consult with legal counsel specializing in disability insurance claims to explore options for disputing a denied LTD claim.

Question 9

What Medical Conditions Qualify for Long-Term Disability?

Accepted Answer

Long-Term Disability (LTD) insurance typically covers a wide range of medical conditions that significantly impact an individual's ability to work and perform daily activities. While the specific criteria for qualifying for LTD benefits may vary depending on the policy and insurance provider, here are common medical conditions that often qualify for Long-Term Disability coverage:Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.Mental Health Disorders: Including depression, anxiety disorders, bipolar disorder, post-traumatic stress disorder (PTSD), schizophrenia, and other psychiatric conditions that impair daily functioning.Neurological Disorders: Such as multiple sclerosis (MS), Parkinson's disease, epilepsy, Alzheimer's disease, and other conditions affecting the brain and nervous system.Cardiovascular Disorders: Including heart disease, congestive heart failure, arrhythmias, and other cardiovascular conditions that impact physical functioning.Cancer: Various forms of cancer, including leukemia, lymphoma, breast cancer, lung cancer, and other malignancies that require extensive treatment and cause disability.Autoimmune Disorders: Such as lupus, rheumatoid arthritis, Crohn's disease, ulcerative colitis, and other autoimmune conditions that result in chronic symptoms and limitations.Chronic Pain Syndromes: Conditions leading to persistent pain and discomfort, such as migraines, complex regional pain syndrome (CRPS), and neuropathic pain disorders.Respiratory Disorders: Including asthma, chronic obstructive pulmonary disease (COPD), emphysema, and other lung conditions that impact breathing and physical exertion.Endocrine Disorders: Such as diabetes, thyroid disorders, adrenal insufficiency, and hormonal imbalances that affect overall health and functioning.Degenerative Diseases: Conditions like osteoarthritis, degenerative disc disease, muscular dystrophy, and other progressive diseases that result in physical decline over time.It's important to note that each LTD policy may have specific definitions, limitations, and exclusions regarding covered medical conditions. To determine if your medical condition qualifies for Long-Term Disability benefits, consult your policy documents, speak with your insurance provider, and consider seeking guidance from a healthcare provider or legal expert specializing in disability insurance claims.

Question 10

Can You Dispute Your Denied Disability Claim?

Accepted Answer

Yes, you can dispute a denied Long-Term Disability (LTD) claim if you believe that the denial is unjustified or incorrect. Disputing a denied LTD claim involves challenging the decision made by the insurance company and presenting additional evidence or arguments to support your claim for disability benefits. Here are steps to effectively dispute a denied LTD disability claim:Understand the Reasons for Denial: Review the denial letter from the insurance company to understand the specific reasons for the denial. This will help you address the issues raised in your dispute.Gather Additional Evidence: Collect any new medical records, test results, physician statements, or other relevant documentation that strengthen your case for disability benefits. Ensure that this evidence directly addresses the reasons cited for the denial.Consult with Legal Counsel: Consider seeking advice from a lawyer specializing in disability insurance law. A legal expert can assess your case, provide guidance on disputing the denial, and represent you in negotiations with the insurance company if needed.Prepare a Detailed Dispute Letter: Craft a comprehensive dispute letter outlining the reasons why you believe the denial is incorrect. Clearly present the additional evidence, explanations, and arguments supporting your claim for disability benefits.Submit the Dispute: Send your dispute letter and supporting documentation to the insurance company within the specified timeframe outlined in your policy. Use a method that provides proof of delivery to ensure your dispute is received.Engage in Dialogue: Stay in communication with the insurance company throughout the dispute process. Be prepared to provide further clarification, answer questions, or provide additional information as requested.Consider Alternative Resolution: If direct negotiation with the insurance company does not lead to a resolution, explore alternative dispute resolution methods, such as mediation, to seek a mutually acceptable outcome.Legal Action: If all attempts to dispute the denial prove unsuccessful, you may consider taking legal action against the insurance company by filing a lawsuit. Your legal counsel can guide you through the litigation process and represent your interests in court.

Question 11

How Do I Appeal Long-Term Disability Denial?

Accepted Answer

When faced with a denial of your Long-Term Disability (LTD) claim, appealing the decision is a crucial step to seek reconsideration and potentially secure the benefits you are entitled to. Here are the steps to effectively appeal a Long-Term Disability denial:Review the Denial Letter: Carefully review the denial letter from the insurance company to understand the reasons for the denial, the policy provisions cited, and any additional information or documentation required for the appeal.Gather Supporting Documentation: Collect all relevant medical records, test results, physician reports, and any other evidence supporting your disability claim. Ensure that this documentation addresses the reasons for denial outlined in the letter.Understand the Appeals Process: Familiarize yourself with the specific appeals process outlined in your LTD policy. Note any deadlines for submitting an appeal and follow the prescribed procedures to ensure your appeal is considered.Draft a Comprehensive Appeal Letter: Prepare a detailed appeal letter addressing each reason for denial, providing additional evidence, explanations, and arguments supporting your claim for disability benefits. Be clear, concise, and organized in presenting your case.Seek Legal Advice: Consider consulting with a lawyer experienced in disability insurance law to guide you through the appeals process, review your appeal letter, and provide legal representation if needed.Submit the Appeal: Send your appeal letter and supporting documentation to the insurance company within the specified timeframe. Use certified mail or another method that provides proof of delivery to ensure your appeal is received.Follow Up and Maintain Communication: Keep track of your appeal timeline, follow up with the insurance company to confirm receipt of your appeal, and maintain open communication throughout the appeals process.Consider Alternative Dispute Resolution: If the appeal is unsuccessful, explore alternative dispute resolution options, such as mediation or arbitration, to resolve the dispute outside of litigation.Legal Action: If all appeals are exhausted and your claim remains denied, you may consider pursuing legal action against the insurance company through a lawsuit with the assistance of legal counsel.By following these steps and seeking professional advice where necessary, you can navigate the appeal process effectively and increase your chances of overturning a Long-Term Disability denial.

Question 12

What Types of LTD Claims Can I Sue For?

Accepted Answer

In Ontario, individuals with Long-Term Disability (LTD) claims may have legal options to pursue lawsuits in various situations. Some potential types of LTD claims that individuals in Ontario can sue for include:Wrongful Denial of Benefits: If your LTD claim is wrongfully denied by the insurance company, you may have grounds to sue for a breach of contract or bad faith denial. This can involve challenging the denial based on policy provisions, medical evidence, or procedural errors in the claims process.Termination of Benefits: If your LTD benefits are terminated unfairly or prematurely, you may have a basis to sue for wrongful termination. This could include situations where benefits are cut off without proper justification or where the insurance company fails to provide adequate reasons for ending payments.Breach of Fiduciary Duty: In cases where the insurance provider fails to fulfill its fiduciary duty to act in the best interests of the insured individual, leading to harm or financial loss, a lawsuit for breach of fiduciary duty may be pursued.Disability Discrimination: If you believe you have been discriminated against based on your disability status in the context of your LTD claim, you may have legal grounds to sue for disability discrimination. This can include situations where you are treated unfairly, denied benefits, or subjected to adverse actions due to your disability.Violation of Human Rights: If your rights under human rights legislation in Ontario, such as the Ontario Human Rights Code, are violated in relation to your LTD claim, you may have the option to bring a lawsuit for human rights violations.Bad Faith Insurance Practices: In cases where the insurance company engages in bad faith practices, such as unreasonably delaying or denying valid claims, acting in a discriminatory manner, or failing to adhere to legal obligations, a lawsuit for bad faith insurance practices may be pursued.When considering legal action related to LTD claims in Ontario, it is advisable to seek guidance from a lawyer specializing in disability law to assess the specifics of your case, understand your rights under Ontario laws, and determine the appropriate course of action to seek redress for any injustices related to your LTD claim.

Question 13

What is Disability?

Accepted Answer

Disability is a broad term that encompasses physical, cognitive, sensory, or mental impairments that may limit an individual's ability to engage in certain activities or perform tasks compared to the general population. Disabilities can be temporary, permanent, or episodic, and they vary in severity and impact on daily functioning.Disabilities can result from various factors, including congenital conditions, illnesses, injuries, accidents, or age-related changes. The effects of a disability can manifest in limitations related to mobility, communication, cognition, sensory perception, or self-care, affecting an individual's independence and quality of life.In the context of insurance, such as Long-Term Disability (LTD) coverage, disabilities are typically assessed based on their impact on an individual's ability to work and earn income. Insurance policies define disability criteria to determine eligibility for benefits, considering factors such as medical evidence, functional limitations, and the individual's capacity to engage in gainful employment.Understanding the nature of disabilities, their diverse manifestations, and the challenges they pose to individuals is crucial for creating inclusive environments, providing appropriate support and accommodations, and promoting equal opportunities for individuals with disabilities in various aspects of life.

Question 14

What is Hypoxic Ischemic Encephalopathy (HIE)?

Accepted Answer

Hypoxic Ischemic Encephalopathy (HIE) is a brain injury caused by oxygen deprivation (hypoxia) and reduced blood flow (ischemia) to the brain, typically occurring around the time of birth. HIE can be caused by factors such as complications during childbirth, umbilical cord issues, placental abruption, maternal infections, fetal distress, or other conditions that restrict oxygen supply to the baby's brain.

Question 15

What are the long term effects of birth injuries?

Accepted Answer

Birth injuries can have lasting effects on a child's health and well-being, leading to various long-term consequences such as: Physical Disabilities: Birth injuries like cerebral palsy, Erb's palsy, or brain damage can result in long-term physical disabilities that may affect mobility, coordination, and overall physical function. Cognitive Impairments: Some birth injuries can impact cognitive development, leading to learning disabilities, developmental delays, or intellectual impairments that persist into adulthood. Emotional and Behavioral Challenges: Children who experience birth injuries may face emotional and behavioral challenges such as anxiety, depression, attention deficit hyperactivity disorder (ADHD), or other mental health conditions. Chronic Health Conditions: Certain birth injuries may predispose individuals to chronic health conditions like epilepsy, respiratory problems, vision or hearing impairments, and other ongoing medical issues. Social Impact: Birth injuries can influence social interactions and relationships, potentially leading to feelings of isolation, difficulties forming connections, or challenges in social integration.Educational Needs: Children with birth injuries may require specialized educational support, individualized learning plans, or assistive technologies to accommodate their unique needs and facilitate academic progress. Financial Burden: The long-term effects of birth injuries can impose a significant financial burden on families due to healthcare expenses, therapy costs, assistive devices, and ongoing care requirements. Understanding the potential long-term effects of birth injuries is essential for parents, caregivers, and healthcare providers to ensure early intervention, appropriate treatment, and necessary support to help children thrive despite the challenges they may face. If you suspect that your child has suffered a birth injury, seeking medical evaluation and legal guidance promptly can help address the long-term implications effectively.

Question 16

Who can be sued for a birth injury caused by medical negligence?

Accepted Answer

In cases of birth injury resulting from medical negligence in Ontario, various entities may face legal action, including:Healthcare Providers: This category encompasses obstetricians, midwives, nurses, and other healthcare professionals directly engaged in prenatal care, labor, or delivery services. Hospitals or Medical Facilities: The institution where the birth injury occurred could be deemed liable, particularly if their policies, practices, or inadequate equipment contributed to the negligent circumstances. Medical Staff: Individual healthcare workers whose actions or oversights led to the birth injury can be held accountable. Pharmaceutical Companies: If medication or medical devices played a role in the birth injury due to defects or improper use, pharmaceutical companies might be implicated in the legal proceedings. Third Parties: External entities such as medical equipment manufacturers, maintenance contractors, or other involved parties in the birthing process that contributed to the negligence leading to the birth injury. To ascertain responsibility in cases of birth injury caused by medical negligence, a comprehensive investigation, legal acumen, and collaboration with medical experts are essential. If you suspect that your child has suffered a birth injury due to medical negligence, seeking guidance from a specialized birth injury lawyer in Ontario is recommended. They can assess your situation, identify the responsible parties, and assist you in navigating the legal process to pursue rightful compensation

Question 17

Why should I hire an Ontario birth injury lawyer?

Accepted Answer

Hiring a birth injury lawyer in Ontario can be crucial for several reasons: Legal Expertise: Birth injury cases can be complex, and an experienced lawyer specializing in this area understands the laws and regulations specific to birth injuries. Maximizing Compensation: A skilled lawyer can help you seek the maximum compensation you deserve for medical expenses, ongoing care, pain and suffering, and other damages.Investigation and Evidence Gathering: A lawyer can conduct a thorough investigation, gather evidence, and consult with medical experts to strengthen your case. Navigating the Legal Process: The legal process  can be overwhelming, but a lawyer will guide you through each step, ensuring your rights are protected. Peace of Mind: By entrusting your case to a knowledgeable lawyer, you can focus on your family while knowing that your legal matters are in capable hands.

Question 18

What is the deadline for filing a birth injury claim?

Accepted Answer

In Ontario, there are limitations on how long you have to file a birth injury lawsuit, known as the statute of limitations. It's crucial to consult with a lawyer promptly to understand your legal options and ensure timely action is taken to protect your rights. For personalized guidance on your specific situation, we recommend reaching out to a reputable birth injury lawyer in Ontario for a consultation.

Question 19

What type of cases do birth injury lawyers take on?

Accepted Answer

Birth injury lawyers in Ontario handle a wide range of cases, including but not limited to:Cerebral Palsy Erb's Palsy Brachial Plexus Injuries Brain DamageShoulder Dystocia Hypoxia Bone Fractures

Question 20

What is a birth injury lawyer?

Accepted Answer

A birth injury lawyer is a legal professional who specializes in cases where an infant has been injured during the birthing process due to medical negligence or malpractice. These lawyers have a deep understanding of the complex medical and legal issues involved in birth injury cases and work to help families receive compensation for the physical and emotional damages suffered. Birth injury lawyers can assist with cases involving various types of birth injuries.If you're considering a medical negligence lawsuit following a birth injury, a specialized lawyer in this field can provide meaningful advice and direction after reviewing the medical records and the specifics of the case.

Question 21

What Are My Legal Options if My Municipality’s Water Supply Is Contaminated With PFAS?

Accepted Answer

If your municipality's water supply is contaminated with PFAS, you may have several legal options to seek compensation, remediation, or injunctive relief from the parties responsible for the contamination.Potential defendants may include the manufacturers of PFAS, such as 3M and DuPont, the users of PFAS, such as military bases, airports, and industrial facilities, and the entities that disposed of PFAS, such as landfills and wastewater treatment plants.Some of the potential causes of action may include negligence, nuisance, trespass, strict liability, breach of contract, and violation of federal or state environmental laws. Potential remedies may include monetary damages, medical monitoring, cleanup costs, injunctive relief, and punitive damages.However, pursuing legal action against PFAS polluters can be complex, costly, and time-consuming, and may involve multiple jurisdictions, statutes of limitations, and evidentiary issues.

Question 22

How Can I Find out if My Municipality’s Water Supply Is Contaminated With PFAS?

Accepted Answer

The best way to determine if your water supply is contaminated with PFAS is to test it. You can contact your local environmental agency, or a certified laboratory, to conduct the testing.You can also check the Federal Contaminated Sites Inventory website for a list of public water systems that have reported PFAS detections.If you suspect that your water supply is contaminated with PFAS, you should notify your residents and advise them to use alternative sources of water for drinking, cooking, and brushing teeth, such as bottled water or filtered water.

Question 23

What are PFAS and Why Are They a Problem?

Accepted Answer

PFAS are a group of synthetic chemicals that have been widely used in various industries and consumer products since the 1940s. They are also known as "forever chemicals" because they do not break down easily in the environment or the human body.PFAS can contaminate drinking water sources, soil, air, and food, and can cause adverse health effects such as cancer, liver damage, immune system disorders, and developmental problems. They are regulated by the Environmental Protection Agency (EPA) under the Safe Drinking Water Act, but the current standards are not legally enforceable and may not be protective enough for public health.

Question 24

What constitutes teacher sexual abuse?

Accepted Answer

Teacher sexual abuse involves any form of sexual misconduct, harassment, or exploitation perpetrated by a teacher towards a student. This can include inappropriate behavior, grooming, assault, or any unwanted sexual advances.

Question 25

Can schools be held liable for teacher sexual abuse?

Accepted Answer

In some cases, a school board may also be found vicariously liable for sexual abuse committed by a teacher (i.e. the school board would be held responsible for the misconduct and abuse committed by the teacher, even if the school board did not know of the abuse.)

Question 26

If I'm a member of the Crown Ward Class Action case, can I still sue for the sexual abuse I suffered while in the care of Children's Aid?

Accepted Answer

Yes, you can. Since the Crown Ward Class Action case is only against the Ontario government for its failure to pursue legal action, you are still able to sue Children's Aid for the sexual abuse that happened to you while in its care. You might be entitled to compensation through both the class action as well as your individual lawsuit. One does not prevent the other.

Question 27

What Happens if I Get Into a Cross-Border Motor Vehicle Accident?

Accepted Answer

Your insurance coverage extends to the U.S. Under the terms of your valid Ontario automobile insurance policy, you have the same protection if you get into an a cross border accident in Niagara Falls, N.Y., as you have if that collision had occurred in Niagara Falls, Ont.If you get into an accident with an at-fault, underinsured driver in Ontario, you are entitled to make a claim and bring a lawsuit against your insurance provider under the OAP-1 and OPCF-44 provisions discussed above. The same thing applies if that accident occurs in the United States.

Question 28

Can I sue if there were no witnesses?

Accepted Answer

Yes. We will work with you to establish and build your credibility and use other evidence to support facts that are important to your story.

Question 29

If I received settlement money from the class action, can I still file an abuse claim?

Accepted Answer

Yes. The class action is solely related to cultural losses, not individual losses, or harm from physical, emotional, or sexual abuse.

Question 30

Can I sue if my abuser has passed away?

Accepted Answer

Yes, under certain circumstances. If the abuser’s death occurred within the past two years you are still eligible to launch a claim against their estate. You may also sue at any time if an institution was involved. If the abuser was someone other than a survivor’s parents, a lawsuit is often still possible, but there may be more complications.

Question 31

Can I pursue a civil claim if the police were not notified of the abuse or if a criminal case was dismissed or resulted in a not guilty verdict?

Accepted Answer

Yes. Civil abuse claims are distinct from criminal proceedings. The burden of proof is lower in a civil lawsuit than it is in criminal court.

Question 32

If the abuse happened a long time ago, can I still sue?

Accepted Answer

Yes. There is no statute of limitation for harms caused by sexual assault, abuse of a minor, or sexual misconduct involving a minor. Historical sexual abuse cases can still succeed even if they happened many years ago. Our firm has represented many survivors who were abused decades ago.

Question 33

Who determines if an incident involving a surgical implant should be reported?

Accepted Answer

To determine whether an incident is reportable, Health Canada states it must meet the following three criteria: First, a malfunction or failure of an implant occurs in real world use or through information from device testing performed by the manufacturer, user or other party. Second, a reasonable assessment determines the device likely caused or contributed to the incident. Third, the incident leads to the actual or potential death or serious deterioration in health of a patient, user or other person.

Question 34

Who is responsible for tracking incidents linked to surgical implants?

Accepted Answer

Once surgical implants are approved for use, Health Canada conducts post-market inspections and monitoring. Recent changes to medical device laws mandate that hospitals and healthcare facilities must report serious incidents to the ministry. However, manufacturers remain primarily responsible for reporting incidents involving their surgical implants.

Question 35

Are surgical implants safe?

Accepted Answer

While there are inherent risks with any surgical procedure, on the whole, most surgical implants have benefits that outweigh the anticipated risks for a given patient. A patient and their doctor would determine if a surgical implant is the right option after the patient is informed of the benefit of the surgery and all known or potential risks that come with the surgery and the medical device. Prior to recent changes to the medical device approvals and monitoring process, however, an unfortunate number of defective surgical implants were permitted for use. Many of these implants remain inside people and have unreasonably high risk of causing harm of death. Although hospitals are now required to track certain implants in order to communicate information about recalls directly to affected patients, if you believe your surgical implant is defective in some way you should consult government sources for ant recall information, make your medical provider or surgeon aware of your concerns, and contact an experienced personal injury lawyer if you have experienced injury or loss related to an implant.

Question 36

What are some examples of surgical implants?

Accepted Answer

Some common surgical implants include: cardioverter defibrillators and pacemakers; coronary stents; insulin pumps; gastric stimulators; artificial hip, knee, shoulder, elbow, wrist, finger and toe joints; phakic intraocular lenses; breast implants; penile implants; cerebral spinal fluid shunt systems; metal screws, rods, pins and plates; artificial discs; intrauterine devices; cochlear implants; and hernia and trans-vaginal mesh.

Question 37

What are surgical implants and what functions do they have?

Accepted Answer

Surgical implants are usually defined as medical devices manufactured from metals, plastics, ceramics, and biomaterials in contrast to transplants which use biomedical materials (living tissues, organs and bone grafts). Surgical implants can provide support to existing tissue and organs, act as prosthetics (replacement body parts), deliver medication, or monitor body functions.

Question 38

What should you do if you are affected by a product recall?

Accepted Answer

If you learn you possess or used a recalled product, the government recommends: following the recall notice’s instructions and/or contacting the manufacturer; keeping the product unless advised by the manufacturer or government regulatory body to dispose of it; preventing anyone else from using or being exposed to the product; and monitoring the recall process by using the government’s recall notification system. If you suffered a personal injury, property damage or another tangible loss from using or being exposed to the recalled product, you should also contact an experienced product liability lawyer.

Question 39

I suffered an injury while using a product that had already been recalled. Am I still able to make a claim?

Accepted Answer

Likely, yes. If you were seriously injured by a product that had been the subject of a recall and you were not aware of the recall, you may have an actionable claim. If you were aware of the recall or ought to have been aware of the recall based on the steps the manufacturer or regulator took to communicate with expected users, you may have more difficulty making a claim because the defendant will likely argue you showed contributory negligence by using the product after you were warned about a danger. If the person responsible for a product was aware of a recall notice and allowed it to be used by another person without informing them of the possibility of a danger or defect, they may share in liability over any damages.

Question 40

If I own or use a recalled product, am I able to sue for damages?

Accepted Answer

Not always. A product recall in itself is not sufficient grounds to launch a claim against a product’s manufacturer, even though a recall notice can be used to help a court infer that a product is defective or a safety risk in a lawsuit. To have an actionable claim against a manufacturer a person must demonstrate that the product’s maker breached a duty of care (in contract or in law) owed to consumers and that this breach caused tangible damages.

Question 41

What government ministries and agencies are responsible for handling recalls?

Accepted Answer

Some recalls are done independently of government regulators and handled entirely by the manufacturer or through a voluntarily arrangement with a regulator. Otherwise, Health Canada is responsible for ensuring the safety of most consumer products and overseeing recalls related to these products. Transport Canada is responsible for overseeing recalls related to motor vehicles and parts and child restraint systems. The Canadian Food Inspection Agency is tasked with food products safety.

Question 42

What event would prompt a product to be recalled?

Accepted Answer

The decision to launch a recall usually comes after one or more of the following events: post-market testing by a manufacturer; consumer complaints about a product; reports of consumer injuries, illnesses or deaths linked to the product; recalls of the product in other markets; and/or government inspections.

Question 43

What types of corrective actions could be part of a product recall?

Accepted Answer

Depending on the severity of the defect, the recall notice may offer an advisory for how to use the product safely, a process to fix the defect, or steps a consumer can take to exchange or replace the defective product. In other cases the notice will outline plans to remove the product from the market. A recall may cover all distributed products or be limited to a particular batch of products or products produced during a certain time period.

Question 44

How would I know if my medical device malfunctioned?

Accepted Answer

If you experienced an unanticipated adverse medical outcome, it is worth your time to investigate the cause. If there is a possibility a medical device caused or contributed to the outcome a personal injury lawyer may be able to review your medical records with a medical expert to determine if there may be a link. If a medical device you have used has been the subject of a recall notice and information in this notice advises that you seek further medical attention or watch for symptoms that may be related to device malfunctions or failures, you should also consult a lawyer to review whether you have an actionable claim.

Question 45

What are some examples of medical devices that have malfunctioned?

Accepted Answer

Gluckstein Personal Injury Lawyers has launched claims on behalf of many clients who have experienced medical device malfunctions or failures, including numerous class action and mass tort proceedings. Some examples of medical device malfunctions we have investigated include: the DePuy Attune Knee System, the ExploR Modular Radial Head System, and the Advanced Bionics Cochlear Implant.

Question 46

How are medical devices approved for use and monitored for safety?

Accepted Answer

The approval process varies by medical device class. Licensing applications for higher risk devices (Class III and IV) must provide evidence of their clinical effectiveness, including clinical trials and reviews, meta-analyses and real-world evidence reviews. To be licensed, a medical device’s risks must be mitigated as much as possible and the regulatory agency must determine the benefits of its use outweigh any remaining risks. Post-licensing monitoring includes: inspections, reports noting information that may change the devices expected risks and benefits, and compiling information on recalls, complaints and problem reports from a variety of consumer and medical sector sources. Both manufacturers and Health Canada have responsibilities to monitor medical devices that have been approved for sale and distribution.

Question 47

Why do medical devices have different classifications?

Accepted Answer

Medical devices vary greatly and each device is given one of four classifications by Health Canada based on the anticipated risk to a person’s health and safety. Class I medical devices (a wheelchair) are low risk, while Class IV medical devices (a defibrillator) pose the highest risks. Class II and higher devices must obtain a medical devices licence before they can be sold in Canada. A second type of licensing (medical device establishment licence) is required for companies to import (Class I to IV), distribute (Class I to IV) or manufacture (Class I) medical devices.

Question 48

What are medical devices?

Accepted Answer

Medical devices are any instrument or component used to mitigate, treat, diagnose or prevent a disease or abnormal physical condition.

Question 49

Should I participate in a class action or mass tort against the manufacturer of a recalled drug?

Accepted Answer

An experience personal injury lawyer can explain the benefits and risks of participating in a class action lawsuit or mass tort if you a a member of an eligible class so that you can make an informed decision.

Question 50

How can a product liability lawyer help if I believe I or a loved one has been harmed by a recalled drug?

Accepted Answer

If you believe you or a loved has suffered a serious or fatal injury that may be linked to a recalled drug or if the drug recall notice suggests you may be at risk of future harm, a knowledgeable, skilled and experienced personal injury lawyer can launch a preliminary investigation into the circumstances around your case. If there is sufficient evidence to argue you or your loved one has suffered damages or losses linked to the recalled drug, the product liability lawyer may be able to help you make a claim for compensation.

Question 51

What should I do if I am taking a recalled drug?

Accepted Answer

Medical professionals advise to keep taking prescription medications that are the subject of recalls until you are able to speak with your doctor, the medication’s prescriber and/or your pharmacist. Some medications may produce withdrawal symptoms if stopped suddenly. Moreover, if the medication is treating a serious health condition, your doctor may want to transition you onto another medication to manage your condition. However, you should stop taking non-prescription (over-the-counter) recalled drugs immediately. Securely store unused medication until you are able to dispose of it according to the instructions in the recall notice or return it and any packaging or proof-of-purchase documents to the place where it was sold.

Question 52

What are some examples of large-scale drug recalls

Accepted Answer

The most well-known drug recall in Canada was thalidomide. Although this drug was known to cause severe birth defects, it received approval for sale in Canada and recall notices were issued months after similar recalls had been introduced in European countries. Other more recent well-known and wide-ranging drug recalls include blood pressure medications containing sartan (due to the presence of a cancer-causing impurity) and Vioxx and Bextra (arthritic drugs that were linked to fatal heart attacks, strokes and serious skin conditions).

Question 53

Why are some drugs recalled?

Accepted Answer

Drugs are generally recalled from the marketplace when the manufacturer or regulator discovers defects make them unreasonably dangerous. Defects can occur at the design stage (insufficient testing for harmful side effects or curative properties or falsified test results), during the manufacturing process (impurities, incorrect ingredients, or improper dosing), or during distribution (improper handling/storage guidelines, labelling or marketing). Recall notices may cover entire classes of drugs or only certain batches of drugs produced. The level of assessed risk of the defect will determine the scope of the recall and how it is communicated to people deemed to be at risk.

Question 54

What types of drugs can be recalled?

Accepted Answer

Both prescription and non-prescription (over-the-counter) medications are subject to recalls by either their manufacturer and/or Health Canada’s Health Products and Food Branch.

Question 55

How does a plaintiff show they are owed damages under contract law and tort law relating to a defective product?

Accepted Answer

For a claim through contract law, the plaintiff must prove they entered into the contract with the defendant and the enforceable terms of the contract or the product’s warranty were breached. A prospective tort claim plaintiff must show: they were owed a duty of care by the defendant with respect to the product; the product, in its design, manufacture, marketing or use was defective or unreasonably dangerous; the product’s defect caused or contributed to harm and tangible damages of a person or their property; and, these damages were reasonably foreseeable. Depending on who is named as the defendant, the prospective plaintiff must also prove the defect or flaw was either known by the defendant or the plaintiff’s negligent actions or inaction caused or contributed to the defect or flaw. The flaw also must be present at a time the defendant had responsibility for or control over the product.

Question 56

What laws provide for liability claims related to products?

Accepted Answer

Generally a plaintiff would use contract law or tort law (common law) to make a claim for compensation. Certain products must also meet specific requirements under government regulations. Showing products did not conform to these regulations may help a plaintiff argue the product was unsafe or unreasonably dangerous.

Question 57

How could a manufacturer or distributor open themselves to liability if their product causes losses or damages to a person or their property?

Accepted Answer

There are three categories of product defects which may open a manufacturer or distributor to liability: design defects (problems introduced before a product is manufactured), manufacturing defects (errors or impurities introduced when the product is built or produced), or marketing defects (a failure to properly label a product, warn users of dangers, or provide instruction for safe use). Products may also become defective after manufacturing and distribution if they are damaged through improper storage or poorly maintained. In these cases a manufacturer or distributor may share in liability with another negligent person if they could have reasonably prevented this damage through proper warnings.

Question 58

If a product carries inherent risks and I'm injured, would I be able to sue for damages?

Accepted Answer

A product may carry certain inherent risks or defined risks that have been specified by the manufacturer, safety agencies, distributors or owners. Injuries related to these risks, if properly understood by and communicated to the end user, would not generally result in liability on the part of the products manufacturers, distributors or regulators. However, even when a product user knowingly and willingly assumes a level of risk by using a product, it does not mean any and all harm caused by the product is deemed acceptable by the law.

Question 59

What are defective products?

Accepted Answer

Generally, the law defines a defective product as one that falls short of reasonable standards to the point where it is unreasonably dangerous to the user, consumer, or their property.

Question 60

What are the most common causes of injury-causing accidents involving trains?

Accepted Answer

While there can be many causes of train accidents, the most common reasons for injury-causing accidents include: negligence of train operators and railway staff (failure to adhere to the proper process, inattention, intoxication, speeding); reckless motor vehicle drivers, cyclists, and pedestrians who trespass or cross tracks at unsafe times; stalled vehicles on tracks; unprotected rail crossings or defective safety features at crossings (lights, bells, crossing arms); mechanical failures and/or defective tracks; derailments; and suicide.

Question 61

How common are train accidents in Canada?

Accepted Answer

Recent statistics show about 1,000 accidents per year across Canada. Freight trains accounted for just under 40 per cent and single cars/locomotives and track units accounted for just under 60 per cent. The remainder, about four per cent, involved passenger trains. About one in six accidents occurred at rail crossings. Two-thirds of rail fatalities (approximately 60 to 70 annually) are the result of trespassing, while about one in four are crossing fatalities.

Question 62

What are the types of heavy rail transportation systems in Ontario?

Accepted Answer

In southern Ontario’s Golden Horseshoe region, GO Transit operates seven heavy rail commuter transit routes. The Union-Pearson (UP) Express is a 23-kilometre long airport rail link between Union Station and Toronto Pearson International Airport that is classified as a heavy rail system. Via Rail is a Crown corporation designed to facilitate inter-city travel across Canada, including routes along the Windsor-Ottawa corridor and some routes reaching the northwestern portions of the province. Two national railway companies, the Canadian National (CN) Railway and the Canadian Pacific (CP) Railway, and an additional 17 other rail companies operate routes either within Ontario or between provinces including Ontario. Passenger service on these systems is generally limited and most of these trains are used for freight service.

Question 63

What does heavy rail mean?

Accepted Answer

Heavy rail transit is usually defined as inter-city rail transit where there are dedicated right of way tracks.

Question 64

Are there deadlines when seeking compensation for subway, streetcar or light rail accidents?

Accepted Answer

If applicable, an application for SABS can be made through your own motor vehicle insurance provider or the provider of a motor vehicle driver involved in the collision. You must begin the SABS application process within 30 days of the accident. Anyone seriously injured in a subway, streetcar or light rail accident in which they were not at fault or only partially at fault can make a claim for damages against the at fault or negligent party/parties. It is important to know that while generally you have two years from the time of the accident/injury to file a claim for damages, if a claim is made against a municipal government or transit authority, notice of claims are required to be filed within 10 days.

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